Validity of Divorce Decree Passed by Foreign Courts
- When citizens of one nation seek matrimonial remedy in foreign courts, jurisdictional disputes become more difficult. Whether in India or elsewhere, women seeking maintenance or divorce frequently encounter recurring legal challenges include jurisdictional conflicts, trouble serving notices or orders, and issues upholding court rulings. Furthermore, they often face retaliatory lawsuits brought by their husbands in other jurisdictions. These problems show how urgently robust legislative safeguards are needed to protect the welfare and rights of spouses in NRI marriages.
- Since there is no question that jurisdictional conflict is a real problem that needs to be solved, it is essential to critically assess the legality of divorce orders. In order to create a strong framework, the Indian judiciary has painstakingly worked over time to interpret the procedures and validity pertaining to divorce decisions, taking into account pertinent regulations. The continuous clash between foreign law and customary/statutory law, however, leaves the foundation unclear and leads to differing judicial opinions on the matter.
- The Supreme Court of India came to the following conclusion after analyzing and interpreting Section 13 of the Civil Procedure Code, 1908. The Supreme Court of India established standards for accepting a foreign matrimonial ruling.
- The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows;(i) Where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married;(ii) Where the respondent voluntarily and effectively submits to the jurisdiction of the forum and contests the claim which is based on a ground available under the matrimonial law under which the parties are married;(iii) Where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.
- A marriage shall be dissolved in line with the guidelines of the Hindu Marriage Act, 1955, if it was legally consummated and registered under such Act.
- In a case decided by the Bombay High Court it was concluded that the Dubai Court lacked the jurisdiction to handle the divorce proceedings. The court pointed out multiple concerns: the respondent-husband did not assert that the petitioner-wife resided or was domiciled in Dubai; there were no indications that she had made a permanent move to Dubai; and the Dubai Court’s ruling did not affirm her domicile there. Records indicated that the wife returned to India on June 21, 2008, and has since established her permanent domicile there. Both individuals are Indian citizens, and in the absence of proof of domicile in Dubai, the assumption under Section 14 of the Code of Civil Procedure was negated. Furthermore, the Dubai Court did not address the key issues between the parties, rendering its judgment as not being based on the merits of the case.
- The Hindu Marriage Act does not acknowledge irretrievable breakdown of marriage as a basis for divorce. The Dubai Court granted the divorce citing desertion; however, according to Section 13(1)(ib) of the Hindu Marriage Act, proving desertion necessitates evidence of both physical separation and the intention to terminate cohabitation. The Dubai Court overlooked the intention to desert (Animus Deserendi) and concentrated solely on the fact that the couple had been living apart for more than two years.
- In one of the case the Supreme Court of India determined that an ex-parte ruling, which is solely based on the plaintiff’s claims and submitted documents without addressing the disputes between the parties, cannot be considered a judgment on its merits. The judgment from the Dubai Court failed to demonstrate that the respondent had made arrangements for the petitioner to adequately participate in the proceedings, including covering expenses for travel, accommodation, and legal fees.
- In India, foreign judgments can be regarded as final when the parties willingly and voluntarily submit to the jurisdiction of the foreign court and agree to the relief being granted, even if the forum’s jurisdiction does not align with the parties’ matrimonial law provisions.Seeking expert legal guidance?- Contact The Divorce Law Firm today.
